Loading...
HomeMy WebLinkAboutRes2021-099 CITY OF SEWARD,ALASKA Sponsored by: Bower RESOLUTION 2021-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MCKINLEY FENCE COMPANY IN THE AMOUNT OF $98,489 TO TEAR DOWN THE EXISTING SECURITY FENCE AROUND THE FORT RAYMOND SUBSTATION AND REPLACE WITH A STRONGER AND TALLER SECURITY FENCE TO IMPROVE PUBLIC SAFETY AND SECURITY WHEREAS, nearly 800 feet of the 1,235-foot chain-link fence is only 7 feet tall and is shorter than the newer, 11-foot section of fence constructed in 2009; and WHEREAS,the existing 7-foot fencing is in poor condition and is leaning significantly in some areas,making access easier than acceptable; and WHEREAS,the substation is located in a residential neighborhood with schools,ballfields and other recreational areas nearby; and WHEREAS,copper wire was stolen from the substation in 2019; and WHEREAS, the new fence will be built to industry specifications to help ensure public safety and security. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract with McKinley Fence Company in an amount of$98,489 to remove the existing 7-foot security fence and install a new fence at least 10-foot in height to improve public safety and security. Section 2.Funding in the amount of$98,489 is hereby appropriated from Electric Unassigned Fund Balance account no. 15000-0000-3400 to Improvements other than Buildings account no. 15000- 3000-8105. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of September, 2021. CITY OF SEWARD,ALASKA RESOLUTION 2021-099 T ' E T OF •'W: ' . • . • risty Terry,P 1111r— AYES: Osenga, Seese, Baclaan, Casagranda, DeMoss, Mc NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ba ou, MMC City Clerk (City Se`)pF SEy7.,, •• (�J`'c. POI�tt••1 SEAL • . • ig'�'•••.• . 1�ti�p **i OF Ar,1:4% r•' r,RRRUee'��s City Council Agenda Statement ' F M Meeting Date: September 13, 2021 - To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, Electric Utility Manager Agenda Item: Resolution 2021-099: Authorizing the City Manager to Enter into a Contract with McKinley Fence Company in the Amount of$98,489 to Tear Down the Existing Security Fence around the Fort Raymond Substation and Replace with a Stronger and Taller Security Fence to Improve Public Safety and Security Background and justification: There is currently 1,235 feet of chain-link security fencing around the Fort Raymond Substation. While a small section of the fence was rebuilt in 2009,there remains nearly 800 feet that is in poor and deteriorating condition, creating a legitimate safety and security risk because of the ease of access into substation. This ease of access is of particular concern since the Fort Raymond Substation is in a residential area with schools, ball fields and other recreational areas nearby. In some sections, the 7-foot fence is leaning so badly that ease of access into the substation is a serious concern. In fact, in recent years, copper wire was stolen from within the substation, and in another incident, a moose was found inside before being chased out by crews. The substation fence in its current condition is unacceptable since it seriously compromises public safety and service reliability. Consistency checklist: Comprehensive Plan: N/A Fiscal note: Funding from: Electric Fund Reserves account no. 15000-0-3400 Finance Department approval: �4 Attorne Review: Yes No ❑ Not applicable 0 Recommendation City Council approve Resolution 2021-099. CITY OF SEWARD ' , City Manager's Office P.O.Box 167 907.224 4047 907.224.4038 fax mf 410 Adams Street ; citumgr@cityofseward.net Seward,Alaska 99664 PROFESSIONAL SERVICES CONTRACT SECUITY FENCE INSTALLATION—FORT RAYMOND SUBSTATION CITY OF SEWARD SEWARD,ALASKA THIS original CONTRACT made on the 14th of September 2021 between the CITY OF SEWARD,ALASKA(the "City"), acting by and through the City Manager or other City authorized representative (its "Contracting Officer") and McKinley Fence Company,its successors and assigns(the "Contractor")as follows: The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the parties, hereby covenants and agrees to furnish all equipment, material, and labor required to complete the WORK according to the attached STATEMENT OF WORK. The Contractor further agrees to be bound by all representations of the Contractor in the Contract and take all necessary steps to remain in compliance with all such representations. The Contractor hereby agrees that the time and materials,not-to-exceed price set forth below, is full compensation for furnishing all equipment, material, and labor which may be required in the prosecution and completion of the whole work to be done under this Contract and in all respects to complete the Contract to the satisfaction of the City. The Contract payment is for ninety-eight thousand, four hundred and eighty-nine dollars ($98,489) for all items, with work beginning in early October 2021 and concluding within four to six weeks. Payment will include a 40 percent deposit of$39,395.60 to be paid at the beginning of the project,with the balance to be paid when the project is completed. All work shall be in accordance with the STATEMENT OF WORK, and the amounts payable to Contractor without the prior written approval of the City. The Contractor shall procure and maintain during the life of this contract, Worker's Compensation insurance, including Employer's Liability Coverage,in accordance with all applicable statutes of the State of Alaska. The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an"Occurrence Basis"with limits of liability not less than$2,000,000 per occurrence and/or aggregate combined single limit,Personal Injury,Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU)Exclusions,if applicable;(F)Per contract aggregate. The Contractor shall procure and maintain through contract life Motor Vehicle Liability Insurance, including applicable No-Fault coverages,with limits of liability not less than$1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. The following shall be Additional Insureds on the General Liability and Motor Vehicle Liability Insurance:The City of Seward, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees, and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds,whether other available coverage be primary,contributing or excess. Worker's Compensation Insurance, Commercial general Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Thirty (30) days Advanced Written Notice of Cancellation, or Non-renewal, or Amendment shall be sent to: City of Seward, Engineering Department, P. O. Box 167,Seward,AK 99664. Seward Electric—Fort Raymond Fence Page 1 of 2 The Contractor shall provide the City of Seward at the time contracts are returned for execution, Certificates of Insurance and/or policies,acceptable to the City of Seward,as listed below: a. One(1)copy of Certificate of Insurance for Worker's Compensation Insurance; b. One(1)copy of Certificate of Insurance for Commercial General Liability Insurance; c. One(1)copy of Certificate of Insurance for Vehicle Liability Insurance; e. If so requested,Certified Copies of all policies shall be furnished. If any of the above coverages expire during the term of this contract,the Contractor shall deliver renewal certificates and/or polices to the City of Seward at least ten(10)days prior to the expiration date. To the fullest extent permitted by law,McKinley Fence Company agrees to defend,indemnify and hold harmless the City of Seward,its elected and appointed officials,employees,insurers and volunteers against any and all liabilities, claims, demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most workmanlike manner and that all material and labor shall be in strict and entire conformity in every respect with the governing standards and practices of the industry and if any Work shall be rejected by the Contracting Officer as defective or unsuitable,then such Work shall be corrected to the satisfaction of the Contracting Officer, at the cost and expense of the Contractor. The Contractor and all subcontractors shall pay the current prevailing rate of wages as per AS 36.05.010 and this Contract. Wage rates are published by the Alaska Department of Labor at hops://Iabor.alaska.gov/lss/forms/Pamphlet 600 Issue 42.pdf.. The Contractor and all subcontractors shall file certified payroll with the Alaska Department of Labor and Workforce Development (DOLWD) and with the Contracting Officer for all work performed on the project. Submit certified payrolls electronically to the DOLWD and the Engineer. Before beginning work the Contractor shall file a Notice of Work with DOLWD and pay all required fees. After finishing work the Contractor shall file a Notice of Completion with DOLWD and pay all additional fees required by increases in the Contract amount. Contractor shall pay all employees unconditionally and not less than once a week. Wages may not be less than those stated in the advertised specifications, regardless of the contractual relationship between the contractor or subcontractors and laborers, mechanics, or field surveyors. The scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; If it is found that a laborer,mechanic, or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required to be paid, the City may, by written notice to the contractor, terminate the contractor's right to proceed with the work or the part of the work for which there is a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the contractor is liable to the City for excess costs for completing the work. The City shall have the right to withhold so much of the accrued payments as is necessary to pay to laborers, mechanics,or field surveyors employed by the contractor or subcontractors the difference between (A) the rates of wages required by the contract to be paid laborers, mechanics, or field surveyors on the work;and (B)the rates of wages in fact received by laborers,mechanics,or field surveyors. The Contractor further covenants and agrees that the tasks outlined in Attachment A will be done to the complete satisfaction of the City,and in accordance with the laws of the State of Alaska and the City of Seward. It is specifically understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically provided for herein, will be allowed by the Contracting Officer, nor shall the Seward Electric—Fort Raymond Fence Page 2 of 3 Contractor do any work or furnish any material not covered by this Contract,unless such work is ordered in writing by the Contracting Officer. In no event shall the Contractor assert any claims against the City by reason of verbal directions or instructions given by the Contracting Officer or his representatives,nor will the City be liable for any material furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order first being given by the Contracting Officer. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor may not assign or subcontract performance of this Contract, without written approval by the City. The Contractor is an independent contractor and is not an employee or agent of the City. Claims by the City resulting from Contractor's failure to comply with the terms of and specifications of this Agreement and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation otherwise due Contractor for work performed or to be performed. City shall notify Contractor of any such failure, default or damage therefrom as soon as practicable after discovery of such event by written notice. Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City,nor a waiver of any other rights hereunder at law or in equity. The venue of any legal action between the parties arising as a result of this Agreement shall be laid in the Third Judicial District of the Superior Court of the State of Alaska, at Seward, Alaska unless a non-waivable federal or state law requires otherwise.This Agreement shall be interpreted in accordance with the laws of the State of Alaska. No failure on the party of the City to enforce any covenant or provision herein contained, nor any waiver of any right hereunder by City,unless in writing and signed by the parties sought to be bound, shall discharge or invalidate such covenants or provisions or affect the right of the City to enforce the same or any other provision in the event of any subsequent breach or default. The terms,conditions and covenants contained in this Agreement shall apply to,inure to the benefit of,and bind the parties and their respective successors. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior negotiations and understandings are superseded and replaced by this Agreement and shall be of no further force and effect. No modification of this Agreement shall be of any force or effect unless reduced to writing, signed by both parties and expressly made a part of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement, effective the day and year first above written. CITY OF SEWARD,ALASKA McKinley Fence Company City Manager Principal ATTEST: Brenda Ballou City Clerk (Seal) Attachments: Statement of work Seward Electric—Fort Raymond Fence Page 3 of 3